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SANJAY VASHISTH
BCH Electric Limited – Appellant
Versus
Presiding Officer – Respondent
Headnote: Read headnote
JUDGMENT
Mr. Sanjay Vashisth, J..
Petitioner - BCH Electric Limited, formerly known as Bhartia Industries Limited/Bhartia Cutler Hammer Limited (here-after referred to as, 'the petitioner-management), has preferred this petition, under Article 226 of the Constitution of India, for quashing of award dated 27.02.2013, passed by the Industrial Tribunal-cum-Labour Court-II, Faridabad (for short, 'the Tribunal'), whereby reference, under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, 'the Act'), has been answered in favour of the workman. For ready reference, conclusions recorded and the relief granted by the Tribunal, are summarized hereunder:
The court modified the tribunal's reinstatement order to a lump-sum compensation, emphasizing that a single fault in a long service period should not justify dismissal.
The court affirmed that a domestic enquiry must adhere to principles of natural justice, including the service of charge-sheets, and modified the award to grant only 50% back wages due to lack of evi....
Termination without valid reason and entitlement of wages for muster roll employees.
A tribunal must adjudicate the fairness of a domestic inquiry before addressing the merits of a dismissal, ensuring decisions are reasoned and within jurisdiction.
The Labour Court has wide power to consider and scrutinize the entire evidence, including the correctness of the findings given by the Enquiry Officer, and has the discretion to interfere with the qu....
The court reinforced that adherence to natural justice is essential in domestic enquiries, and failure to comply can invalidate disciplinary actions.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
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